About the Provisional Waiver Process

The provisional waiver process is not a change in the law, only a change in procedure. The new procedure will take effect on March 4, 2013. The new procedure shortens the time immigrants must wait outside the United States.

Applicant must:

be the spouse or child of a United States citizen

be the beneficiary of an approved immediate relative visa petition

be present in the US

have a case pending with the Department of State based on the I-130 and have paid the immigrant visa processing fee

show extreme hardship to United States spouse or parent

be inadmissible due to unlawful presence ONLY

be at least 17 years old

file the waiver application before they depart the US for their visa interview abroad

notify the Department of State that they are filing

pay an additional $670 in fees

Process:

U.S. citizen files an immigrant visa petition on behalf of their spouse or child

Immigrant petition is approved

Consular processing begins at the U.S. State Department (Department of State will request the affidavit of support and the immigrant filing fee).

The immigrant files the I-601A waiver application with evidence of extreme hardship.

The waiver is approved. (If the waiver is denied, the immigrant may be referred to deportation proceedings.)

The consular interview is scheduled.

The immigrant leaves the United States to attend the consular interview.

The visa request is processed and the immigrant returns to the United States with their permanent resident packet. (This step may take anywhere from three days to three weeks.)

Once you are in the United States you will be a permanent resident and eligible to work, get a driver’s license, and social security number.

Filing Fees:

$420 for immigrant visa petition

$165 for immigrant processing fee

up to $300 in additional consular fees and medical exam fees

$670 for provisional waiver fee

up to $50 in additional fees for translations, photos, copies, etc. if necessary

TOTAL: plan on spending $1600 in filing fees

Attorney’s fees:

$2000

Additional expenses:

you should also budget for visits to a psychiatrist or other mental health professional to establish hardship

you will have to travel to your home country and stay there for at least a few days, but you should budget for several weeks just in case your application is delayed